Information Commissioner's Office

Summary: The complainant, on 3 May 2005, requested information from the Department of the Environment for Northern Ireland in respect of the legal opinion provided to the Department in relation to the demolition of the building known as -�Rock Castle.-� The Department withheld the information on the basis that it is exempt under section 42 of the Freedom of Information Act 2000 (-�the Act-�). The Commissioner is satisfied that the withheld information falls within the terms of this exemption and that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Additionally the Commissioner is satisfied that the Department did not comply with section 17(3)(b) of the Act in that the it did not state in its refusal notice to the complainant the reasons for claiming that, in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information. The Commissioner is satisfied that the Department did not demonstrate, in its refusal notice, any consideration of the public interest arguments in favour of disclosure. However, in other respects, the Commissioner finds that it has dealt with the complainant's request in accordance with Part 1 of the Act. In the light if this, the Commissioner requires no steps to be taken to achieve compliance with the requirements of the Act.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld, FOI 17 - Complaint Upheld